Workers and pensioners

Updated : 12/2011

Rights, conditions and formalities

Staying abroad for up to 3 months

As an EU national, you have the right to stay in another EU country. If you stay there for less than 3 months, all you need is a valid identity card or passport.

In many EU countries, you need to carry a national identity card or passport at all times.

In these countries, you could be fined or temporarily detained if you leave your identity documents at home - but you cannot be expelled just for this.

Reporting presence

Some EU countries require you to report your presence within a reasonable period of time after arrival and may impose a penalty, such as a fine, if you fail to do so.

Before you go to another country, please check the deadlines and relevant conditions for reporting your presence there with the national authorities.

All you need to report your presence is your identity card or passport. You should not have to pay any fees. If you are staying in a hotel, it is usually enough to fill in a special form - the hotel will take care of the rest.

In some EU countries, failure to report your presence might result in a fine, but you cannot be expelled just for this.

Sample story

If on holiday, you only have to register for stay over 3 months

Hans is Austrian and spends his summer holiday every year on the Italian coast. Last summer he stayed in Italy for 2 months in his own flat. He reported his presence but the Italian authorities asked him to register at the town hall as well and to prove he had sufficient means to support himself in Italy.

But Hans is entitled to stay in Italy for up to 3 months without providing any documents other than his identity card. If he stays for such a short period only, the Italian authorities can ask him to report his presence, but not to register.

Equal treatment

During your stay, you should be treated as a national of the country, notably as regards access to employment, pay, benefits facilitating access to work, enrolment in schools etc.

Even if you are staying as a tourist, you should not, for example, have to pay higher fees to visit museums or when buying transport tickets, etc.

Exception: If you are a pensioner, EU countries may decide not to grant you and your family income support for the first 3 months in the country.

Expulsion

Your new country can, in exceptional cases, decide to expel you on grounds of public policy, public security, or public health - but only if it can prove you represent a serious threat.

The expulsion decision must be given to you in writing. It must state all the grounds and specify how you can appeal and by when.

Staying abroad for more than 3 months

Workers

You have the right to live in any EU country where you work, are self-employed or have been posted to.

Job loss

If you lose your job while living in another country, you can keep your right to work and live there if you are:

temporarily unable to work because of illness or accident
registered with the relevant employment office as involuntarily unemployed after having been
- employed for over a year on an indefinite contract
  or
- employed for less than a year on a permanent contract (in this case, you retain the right to equal treatment with nationals for at least another 6 months)
beginning vocational training (if you are not involuntarily unemployed, the training must be related to your previous job).

Pensioners

If you are a pensioner you may live in any EU country if you have:

comprehensive health insurance cover there
sufficient income (from any source) to live without needing income support.

National authorities cannot require your income to be above the level that would qualify you for basic income support.

Registration

During the first 3 months of your stay in your new country, you cannot be required to register (to obtain a document confirming your right to stay) but can do so if you wish.

After 3 months in your new country, you may be required to register with the relevant authority (often the town hall or local police station).

To obtain your registration certificate, you will need:

Employees / Postings abroad
- Valid identity card or passport
- Certificate of employment or confirmation of recruitment from your employer
Self-employed
- Valid identity card or passport
- Proof of your status as self-employed
Pensioners
- Valid identity card or passport
- Proof of comprehensive health insurance
- Proof you can support yourself without needing income support.

You do not need to provide any other documents.

When you register, you will get a registration certificate. This certificate confirms your right to live in your new country; it states your name and address and the registration date.

Your registration certificate should be issued immediately and cost no more than the price nationals pay for identity cards.

It should be valid indefinitely (does not have to be renewed), though you may need to report any change of address to the local authorities.

If you have to register, you may be fined for not doing so but may continue to live in the country and cannot be expelled just for this.

In many countries, you will need to carry your registration certificate and national identity card or passport at all times. If you leave them at home, you may be fined but cannot be expelled just for this.

If you have problems getting your registration certificate, you can call on our assistance service.

Sample story

You can start work without waiting to register

Kurt is a German who moved to Belgium to work as an independent lawyer in a partnership. When he went to register at the town hall, he was told he couldn't start working until he'd received a registration certificate.

This is incorrect: as an EU national, Kurt may work as a self-employed person without waiting for a registration certificate. In any case, the authorities must issue a registration certificate immediately when asked.

Sample story

A short remaining validity period for your passport is no excuse for refusing registration

Stéphane is a French engineer who's been posted to the Czech Republic for 6 months. He must register in Prague, where he works at the local branch of his American company, but the Czech authorities refused to register him because his passport was only valid for 1 more month.

In fact, Stéphane should have received his registration certificate immediately because the only condition is that his identity document is valid at the time of registration.

Equal treatment

During your stay in your new country, you should be treated as a national of the country, notably as regards access to employment, pay, benefits facilitating access to work, enrolment in schools etc.

Request to leave / Expulsion

You may live in the other EU country as long as you continue to meet the conditions for residence. If you no longer do so, the national authorities may require you to leave.

In exceptional cases, your new country can decide to expel you on grounds of public policy or public security but only if it can prove you represent a very serious threat.

The expulsion decision or the request to leave must be given to you in writing. It must state all the grounds, and specify how you can appeal and by when.

Permanent residence

If you have lived legally in another EU country for 5 years continuously - as an employee posted abroad, a pensioner or self-employed person - you automatically acquire the right of permanent residence there. This means that you can stay in the country as long as you want.

Your continuity of residence is not affected by:

temporary absences (less than 6 months a year)

longer absences for compulsory military service
one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose your right to permanent residence if you live outside the country for over 2 consecutive years.

Former employees and self-employed workers

You may qualify for permanent residence earlier, if you have stopped working because:

you have retired and have worked in the country for the last year or have lived there continuously for 3 years
you are no longer able to work and have lived in the country continuously for 2 years
you are no longer able to work due to an accident at work or occupational disease – in this case you have the right to remain regardless of how long you have lived in the country.

Permanent residence document

This is different from the registration certificate which is compulsory in many countries. The permanent residence document is not compulsory. It confirms your right to live in the country where you now live permanently, without any conditions.

This means that the authorities may no longer require you to prove that you have a job, sufficient resources, health insurance, and so on. The permanent residence document can be handy when dealing with the authorities or for administrative formalities.

If you ask the authorities for a permanent residence document, they must issue it as soon as possible and for no more than nationals pay for identity cards. If they do not, you can call on our assistance service.

The document should be valid indefinitely and does not have to be renewed.

To get one, you must submit:

proof you have been living in the country for 5 years, for example a valid registration certificate issued when you arrived

proof you have stopped working and meet the conditions for earlier permanent residence.

Equal treatment

During your permanent stay in another country, you should enjoy the same rights, benefits and advantages as nationals.

Expulsion

In exceptional cases, the country where you live can decide to expel you on grounds of public policy or public security but only if it can prove you represent a very serious threat.

The expulsion decision must be given to you in writing. It must state all the grounds and specify how you can appeal and by when.

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